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Marriage Annulment in Georgia

What is the difference between a divorce and an annulment?

A divorce is the termination of a marriage that did exist. An annulment is the undoing of a marriage as if it never existed. You can only seek a marriage annulment in GA under limited circumstances such as:

  • You did not consummate the marriage. You can seek an annulment if you and your spouse never had sexual relations after the intended marriage.
  • You or your spouse committed fraud.
  • You or your spouse did not have the legal or mental capacity to enter into marriage. For example...
  • You or your spouse were not of age to consent to the marriage.
  • You or your spouse did not have the mental ability to understand that you were entering into a marriage.
  • You or your spouse were still legally married to another person.
  • You and your spouse find out you are related too closely to be legally married in Georgia.
  • If you have had children as a result of the marriage, an annulment is not likely to be granted in Georgia.

To explore your options, speak with an experienced family law attorney at Stearns-Montgomery & Proctor. We can help you understand your situation and what would work best for you and your family.

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